Personal Injuries Proceedings Act 2002 – 1 July 2014
Personal Injuries Proceedings Act 2002 – 1 July 2014
Personal Injuries Proceedings Regulation 2014 – 22 March 2016
Quick to view summary
Before starting a proceeding in a court for damages based on a liability for personal injury, a claimant must give written notice of the claim, in the approved form (along with the documentation required by regulation 5), to the person against whom the proceeding is proposed to be started. The notice has two components: Part 1 and Part 2. Part 1 notice is to be given promptly and it is possible that notice is to be given within 1 month. Part 2 notice is to be given later; generally within 2 months of a response to a Part 1 notice. Note: Pursuant to section 9A, different notice requirements apply to medical incidents involving a doctor. Within 6 months of receiving a complying part 1 notice of claim, the respondent is to give the claimant written notice of whether liability is admitted/denied (including where applicable, the degree of contributory negligence) and if the claimant has made an offer of settlement, inform the claimant whether the respondent accepts/rejects the offer or if no offer was made, invite the claimant to make a written offer. An offer of settlement must be accompanied by medical reports, assessments, etc. A response to an offer is to be provided within 3 months of receipt.
- Sections 6, 8, 9, 9A, 10, 11, 12, 13, 18, 19, 20, 20B, 48, 59, Schedule of the Act; Regulations 3, 4, 5, 6, 10
A claimant must give the respondent/s copies of reports and other documentary material about the incident in their possession. Reports about the claimant’s medical condition/prospects of rehabilitation, etc must also be provided. The above-mentioned documentation is to be provided within 1 month of the notice of claim being given (or within 7 days of coming into the claimant’s possession). Note: There is a similar obligation imposed on the respondent.
- Sections 22, 27, 29A, 30, 32, 34, 35
The respondent and claimant may agree to jointly arrange for an expert report about the claimant’s medical condition/prospects of rehabilitation and/or the claimant’s cognitive, functional or vocational capacity (among other matters). If the respondent does not obtain the agreement of the claimant, the claimant must chose an expert from a list provided by the respondent and is to undergo expert examination with the chosen expert.
- Sections 23, 24, 25
Before starting a proceeding in a court for damages based on a liability for personal injury (and after the initial notice requirements under the Act), there is to be a compulsory conference. The conference is generally held 6 months after the respondent received the Part 1 notice from the claimant. At least 7 days before the conference is held, the parties are to exchange documentation, certificates, etc. The conference may be held with a mediator if all parties agree. If the claim is not settled at the conference, the claimant and respondent are to exchange written final offers (at the end of the conference). A final offer must remain open for 14 days and a proceeding in a court must not be started while an offer remains open. If proceedings are brought before a court, the claimant & respondent are to file with the court a copy of their respective final offers. Proceedings should be started within 60 days of the conclusion of the compulsory conference.
- Sections 36, 37, 38, 39, 40, 42, 56; Regulations 11, 12
Basic advertising of personal injury services by a law firm is allowed if certain requirements are met.
- Sections 63, 64, 65, 66
Hospital workers and persons who attend an incident scene in the course of their employment must not provide the name, address or telephone number of a law practice to a potential personal injury claimant. Note: An exception applies to persons acting on behalf of a community legal service or industrial organisation.
- Sections 63, 67, 67A, 69
Reason for law
To assist the ongoing affordability of insurance through appropriate and sustainable awards of damages for personal injury. (Section 4)
Section 3: notes forming part of an Act is not common for Acts of Parliament.
Sections 22 and 28 contain the phrase ‘loss of consortium or servitium’. This phrase is not commonly understood by members of the public.
Sections 30 and 37 contain the phrase ‘ex parte’. This phrase is not commonly understood by members of the public.
The offences in subsections 67(3) and (4) do not cover the provision of a website address, email or fax number.
Suggested further reading
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